"Raghunandan Vashisht And ... vs Mohit Kumar And Another"
2022 Latest Caselaw 1307 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                     COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      25.04.2022                        CLR No.31 of 2022
                                        Hon'ble Alok Kumar Verma, J.

Present Civil Revision has been filed under Section 115 of the Code of Civil Procedure against the order dated 11.03.2022, passed by the Civil Judge (Senior Division), Haldwani, District Nainital in Original Suit No.26 of 2017, "Raghunandan Vashisht and Another vs. Mohit Kumar and Another", whereby an application, filed by the revisionist- defendant no.1 under Order VII Rule 11

(d) of the Code of Civil Procedure, 1908, has been dismissed on the ground that the said application was filed after the evidence of the plaintiffs.

Heard Mr. Siddhartha Singh, learned counsel for the revisionist.

The learned counsel for the revisionist submitted that the trial court can exercise the power under Order VII, Rule 11 of the Code of Civil Procedure, 1908 at any stage of the suit before registering the plaint or after issuing summons to the defendant at any time before the conclusion of the trial. In support of his submission, he relied upon a judgment of the Hon'ble Supreme Court passed in "Saleem Bhai and Others vs. State of M.P. and Others", 2003 (1) Allahabad Rent Cases 363.

Admit.

Issue notice to the respondents. Steps to be taken within a week.

List this case on 24.05.2022. Further proceedings of Original Suit No.26 of 2017, "Raghunandan Vashisht and Another vs. Mohit Kumar and Another" is stayed till the next date of listing.

(Alok Kumar Verma, J.) 25.04.2022

JKJ/Pant